§ 136-89.180. legislative findings. · 2018. 12. 1. · legislative commission on governmental...
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NC General Statutes - Chapter 136 Article 6H 1
Article 6H.
Public Toll Roads and Bridges.
Part 1. Turnpike Authority and Bridges.
§ 136-89.180. Legislative findings.
The General Assembly finds that the existing State road system is becoming increasingly
congested and overburdened with traffic in many areas of the State; that the sharp surge of vehicle
miles traveled is overwhelming the State's ability to build and pay for adequate road
improvements; and that an adequate answer to this challenge will require the State to be innovative
and utilize several new approaches to transportation improvements in North Carolina.
Toll funding of highway and bridge construction is feasible in North Carolina and can
contribute to addressing the critical transportation needs of the State. A toll program can speed the
implementation of needed transportation improvements by funding some projects with tolls.
(2002-133, s. 1.)
§ 136-89.181. Definitions.
The following definitions apply to this Article:
(1) Department. – The North Carolina Department of Transportation.
(2) Turnpike Authority. – The public agency created by this Article.
(3) Authority Board. – The governing board of the Turnpike Authority.
(4) Turnpike project. – Either of the following:
a. A road, bridge, or tunnel project planned, or planned and constructed,
in accordance with the provisions of this Article.
b. A segment of the State highway system the Authority Board converts to
a tolled highway pursuant to the authorization in G.S. 136-89.187.
(5) Turnpike system. – All Turnpike projects. (2002-133, s. 1; 2008-225, s. 3.)
§ 136-89.182. North Carolina Turnpike Authority.
(a) Creation. – There is created a body politic and corporate to be known as the
"North Carolina Turnpike Authority". The Authority is constituted as a public agency, and
the exercise by the Authority of the powers conferred by this Article in the construction,
operation, and maintenance of toll roads and bridges shall be deemed and held to be the
performance of an essential governmental function.
(b) Administrative Placement. – The Authority shall be located within the
Department of Transportation and shall be subject to and under the direct supervision of
the Secretary of Transportation.
(c) Authority Board. – The North Carolina Turnpike Authority shall be governed by
a nine-member Authority Board consisting of two members appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate in
accordance with G.S. 120-121, two members appointed by the General Assembly upon the
recommendation of the Speaker of the House of Representatives in accordance with G.S.
120-121, four members appointed by the Governor, and the Secretary of Transportation.
NC General Statutes - Chapter 136 Article 6H 2
Each appointing authority shall appoint members who reside in diverse regions of the State.
The Chair of the Authority shall be selected by the Authority Board.
(d) Board of Transportation Members. – Members of the North Carolina Board of
Transportation may serve as members of the Authority Board.
(e) Staggered Terms. – One of the initial appointments to the Authority Board by
the General Assembly upon the recommendation of the President Pro Tempore of the
Senate, one of the initial appointments to the Authority Board by the General Assembly
upon the recommendation of the Speaker of the House of Representatives, and three of the
initial appointments of the Governor shall be appointed to terms ending January 14, 2007.
One of the initial appointments to the Authority Board by the General Assembly upon the
recommendation of the President Pro Tempore of the Senate, one of the initial
appointments to the Authority Board by the General Assembly upon the recommendation
of the Speaker of the House of Representatives, and one of the initial appointments of the
Governor shall be appointed to terms ending January 14, 2005. The Secretary of
Transportation shall serve as an ex officio voting member of the Board. Thereafter, at the
expiration of each stipulated term of office, all appointments shall be to a term of four years
from the date of the expiration of the term.
(f) Vacancies. – All members of the Authority Board shall remain in office until
their successors are appointed and qualified. The original appointing authority may appoint
a member to serve out the unexpired term of any member.
(g) Removal of Board Members. – Each member of the Authority Board,
notwithstanding subsection (e) of this section, shall serve at the pleasure of the appointing
authority. The Chair of the Authority serves at the pleasure of the Authority Board.
(h) Conflicts of Interest, Ethics. – Members of the Authority Board shall be subject
to the provisions of G.S. 136-13, 136-13.1, and 136-14.
(i) Compensation. – The appointed members of the Authority Board shall receive
no salary for their services but shall be entitled to receive per diem and travel allowances
in accordance with the provisions of G.S. 138-5 and G.S. 138-6 as appropriate.
(j) Bylaws. – The Authority Board shall adopt, change, or amend bylaws with
respect to the calling of meetings, quorums, voting procedures, the keeping of records, and
other organizational, staffing, and administrative matters as the Authority Board may
determine. Any bylaws, or subsequent changes or amendments to the bylaws, shall be
included in the Annual Report as required by G.S. 136-89.193.
(k) Executive Director and Administrative Employees. – The Authority Board shall
appoint an Executive Director, whose salary shall be fixed by the Authority, to serve at its
pleasure. The Executive Director shall be the Authority's chief administrative officer and
shall be responsible for the daily administration of the toll roads and bridges constructed,
maintained, or operated pursuant to this Article. The Executive Director or his designee
shall appoint, employ, dismiss, and, within the limits approved by the Authority Board, fix
the compensation of administrative employees as the Executive Director deems necessary
to carry out this Article.
NC General Statutes - Chapter 136 Article 6H 3
(l) Office. – The offices of the Authority may be housed in one or more facilities of
the Department of Transportation. (2002-133, s. 1; 2009-343, ss. 1, 2; 2011-145, s.
28.35(c).)
§ 136-89.183. Powers of the Authority.
(a) The Authority shall have all of the powers necessary to execute the provisions
of this Article, including the following:
(1) The powers of a corporate body, including the power to sue and be sued,
to make contracts, to adopt and use a common seal, and to alter the
adopted seal as needed.
(2) To study, plan, develop, and undertake preliminary design work on
Turnpike Projects. At the conclusion of these activities, the Turnpike
Authority is authorized to design, establish, purchase, construct, operate,
and maintain no more than eleven projects, which shall include the
following:
a. Triangle Expressway, including segments also known as N.C. 540,
Triangle Parkway, and the Western Wake Freeway in Wake and
Durham Counties. The described segments constitute one project.
b. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013.
c. Monroe Connector/Bypass.
d., e. Repealed by Session Laws 2013-183, s. 5.1, effective July 1,
2013.
f. Repealed by Session Laws 2008-225, s. 4, effective August 17,
2008.
Any other project proposed by the Authority in addition to the projects
listed in this subdivision requires prior consultation with the Joint
Legislative Commission on Governmental Operations pursuant to
G.S. 120-76.1 no less than 180 days prior to initiating the process
required by Article 7 of Chapter 159 of the General Statutes.
With the exception of the two projects set forth in sub subdivisions a. and
c. of this subdivision, the Turnpike projects selected for construction by
the Turnpike Authority, prior to the letting of a contract for the project,
shall meet the following conditions: (i) two of the projects must be ranked
in the top 35 based on total score on the Department produced list entitled
"Mobility Fund Project Scores" dated June 6, 2012, and, in addition, may
be subject to G.S. 136-18(39a); (ii) of the projects not ranked as provided
in (i), one may be subject to G.S. 136-18(39a); (iii) the projects shall be
included in any applicable locally adopted comprehensive transportation
plans; (iv) the projects shall be shown in the current State Transportation
Improvement Program; and (v) toll projects must be approved by all
affected Metropolitan Planning Organizations and Rural Transportation
Planning Organizations for tolling.
NC General Statutes - Chapter 136 Article 6H 4
(3) Repealed by Session Laws 2005-275, s. 2, effective August 12, 2005.
(4) To rent, lease, purchase, acquire, own, encumber, dispose of, or mortgage
real or personal property, including the power to acquire property by
eminent domain pursuant to G.S. 136-89.184.
(5) To fix, revise, charge, retain, enforce, and collect tolls and fees for the
use of the Turnpike Projects. Thirty days prior to the effective date of any
toll or fee for use of a Turnpike Facility, the Authority shall submit a
description of the proposed toll or fee to the Board of Transportation, the
Joint Legislative Transportation Oversight Committee and the Joint
Legislative Commission on Governmental Operations for review.
(6) To issue bonds or notes of the Authority as provided in this Article.
(6a) To invest the proceeds of bonds or notes of the Authority that are pending
disbursement or other idle funds of the Authority in any investment
authorized by G.S. 159-30.
(7) To establish, construct, purchase, maintain, equip, and operate any
structure or facilities associated with the Turnpike System.
(8) To pay all necessary costs and expenses in the formation, organization,
administration, and operation of the Authority.
(9) To apply for, accept, and administer loans and grants of money or real or
personal property from any federal agency, the State or its political
subdivisions, local governments, or any other public or private sources
available.
(10) To adopt, alter, or repeal its own bylaws or rules implementing the
provisions of this Article, in accordance with the review and comment
requirements of G.S. 136-89.182(j).
(11) To utilize employees of the Department; to contract for the services of
consulting engineers, architects, attorneys, real estate counselors,
appraisers, and other consultants; to employ administrative staff as may
be required in the judgment of the Authority; and to fix and pay fees or
compensation to the Department, contractors, and administrative
employees from funds available to the Authority.
(12) To receive and use appropriations from the State and federal government.
(13) To adopt procedures to govern its procurement of services and delivery
of Turnpike Projects.
(14) To perform or procure any portion of services required by the Authority.
(15) To use officers, employees, agents, and facilities of the Department for
the purposes and upon the terms as may be mutually agreeable.
(16) To contract for the construction, maintenance, and operation of a
Turnpike Project.
(17) To enter into partnership agreements with the Department of
Transportation, agreements with political subdivisions of the State, and
agreements with private entities, and to expend such funds as it deems
necessary, pursuant to such agreements, for the purpose of financing the
NC General Statutes - Chapter 136 Article 6H 5
cost of acquiring, constructing, equipping, operating, or maintaining any
Turnpike Project. An agreement entered under this subdivision requires
the concurrence of the Board of Transportation if the Department of
Transportation is a party to the agreement.
(18) To utilize incentives in any contract for development or construction of a
Turnpike Project, in order to promote expedited delivery of the project.
(19) To enter into reciprocal toll enforcement agreements with other toll
agencies, as provided in G.S. 136-89.220.
(b) To execute the powers provided in subsection (a) of this section, the Authority
shall determine its policies by majority vote of the members of the Authority Board present
and voting, a quorum having been established. Once a policy is established, the Authority
Board shall communicate it to the Executive Director or the Executive Director's designee,
who shall have the sole and exclusive authority to execute the policy of the Authority. No
member of the Authority Board shall have the responsibility or authority to give operational
directives to any employee of the Authority other than the Executive Director or the
Director's designee. (2002-133, s. 1; 2005-275, s. 2; 2006-228, s. 5; 2006-230, s. 1(b);
2008-225, s. 4; 2011-7, s. 1; 2011-145, s. 28.32(e); 2011-391, s. 56; 2012-85, s. 9; 2013-94,
s. 1; 2013-183, ss. 5.1, 5.3; 2015-241, ss. 29.12(a), 29.15A.)
§ 136-89.183A. Accelerated Pilot Toll Bridge Project.
(a) Findings. – The General Assembly finds that there is a need for a bridge connecting the
Currituck County mainland to the Currituck County Outer Banks; that the bridge should be
implemented as a toll bridge; that the bridge should be implemented in a manner that protects the
natural environment and quality of life on the Outer Banks; and that the character of the existing
road system in Currituck County and Dare County Outer Banks should be preserved.
(b) Contract to Construct Accelerated Pilot Toll Bridge Project. – The Authority shall
contract with a single private firm to design, obtain all necessary permits for, and construct the toll
bridge described in G.S. 136-89.183(a)(2), known as the Mid-Currituck Bridge, in order to provide
accelerated, efficient, and cost-effective completion of the project.
(c) Preconstruction Participation. – In addition to the authority granted by G.S.
136-89.191, the Department shall participate in the cost of preconstruction activities related to the
project described in this section, if requested by the Authority.
(d) Environmental Protection. – The Authority shall ensure that the Mid-Currituck Bridge
is implemented in a manner that accomplishes all of the following:
(1) Ensures the preservation of water quality in Currituck Sound.
(2) Mitigates the environmental impact of the bridge on the Currituck County
mainland and the Outer Banks.
(3) Reduces traffic congestion and vehicle miles traveled, and preserves the
character of the existing road system, in Dare County and Currituck County on
the Outer Banks.
(e) Report on Project. – The Authority shall report to the Joint Legislative Transportation
Oversight Committee on December 1, 2005, and each December 1 thereafter until completion, on
the progress of the accelerated pilot toll bridge project described in this section. (2005-275, s. 3;
2008-225, s. 11.)
NC General Statutes - Chapter 136 Article 6H 6
§ 136-89.183B. Accelerated Herbert C. Bonner Bridge Replacement Project.
(a) Contract for Accelerated Construction of the Herbert C. Bonner Replacement Bridge
Project. – The Department of Transportation shall implement all reasonable measures to expedite
completion of environmental reviews required by the National Environmental Policy Act. Within
90 days of receiving an approved Record of Decision from the Federal Highway Administration,
the Department shall contract with a single private firm to design and build a replacement bridge
for the Herbert C. Bonner Bridge at Oregon Inlet, in accordance with G.S. 136-28.11, in order to
expedite and accelerate the efficient, cost effective completion of the project.
(b) Replacement Bridge; Termini. – The General Assembly recommends that the
replacement bridge constructed pursuant to this section shall be located with north and south
termini located in general proximity to the termini of the existing Herbert C. Bonner Bridge. It is
recognized, however, that the preferred alternative for the bridge location cannot be determined
prior to compliance with all federal and State laws and regulations.
(c) Department to Report on Project. – The Department shall report to the Joint Legislative
Transportation Oversight Committee on December 1, 2005, and each December 1 thereafter until
completion, on the progress of the accelerated bridge project described in this section. (2005-275,
s. 6(b); 2005-382, s. 3.)
§ 136-89.183C. Accelerated Yadkin River Veterans Memorial Bridge Replacement
Project.
(a) Contract for Accelerated Construction of the Yadkin River Veterans Memorial
Bridge Replacement Bridge Project. – The Authority shall study, plan, develop, undertake
preliminary design work, and analyze and list all necessary permits, in preparation for
construction of a replacement bridge and approaches for the Yadkin River Veterans
Memorial Bridge over the Yadkin River and between Rowan and Davidson Counties, in
order to provide accelerated, efficient, and cost-effective completion of the project.
(b) Replacement Bridge; Termini. – The bridge constructed pursuant to this section
shall be a replacement bridge, with north and south termini located in general proximity to
the termini of the existing Yadkin River Veterans Memorial Bridge. (2007-299, s. 1;
2012-42, s. 3.)
§ 136-89.184. Acquisition of real property.
(a) General. – The Authority may acquire public or private real property by purchase,
negotiation, gift, or devise, or condemnation that it determines to be necessary and convenient for
the construction, expansion, enlargement, extension, improvement, or operation of a Turnpike
Project. When the Authority acquires real property owned by the State, the Secretary of the
Department of Administration shall execute and deliver to the Authority a deed transferring fee
simple title to the property to the Authority.
(b) Condemnation. – To exercise the power of eminent domain, the Authority shall
commence a proceeding in its name and shall follow the procedure set forth in Article 9 of Chapter
136 of the General Statutes. (2002-133, s. 1.)
NC General Statutes - Chapter 136 Article 6H 7
§ 136-89.185. Taxation of property of Authority.
Property owned by the Authority is exempt from taxation in accordance with Section 2 of
Article V of the North Carolina Constitution. (2002-133, s. 1.)
§ 136-89.186. Audit.
The operations of the Authority shall be subject to the oversight of the State Auditor pursuant
to Article 5A of Chapter 147 of the General Statutes. (2002-133, s. 1.)
§ 136-89.187. Conversion of free highways prohibited.
The Authority Board is prohibited from converting any segment of the nontolled State
Highway System to a toll facility, except for a segment of N.C. 540 under construction as of July
1, 2006, located in Wake County and extending from the N.C. 54 exit on N.C. 540 to the N.C. 55
exit on N.C. 540. No segment may be converted to a toll route pursuant to this section unless first
approved by the Metropolitan Planning Organization (MPO) or Rural Planning Organization
(RPO) of the area in which that segment is located. (2002-133, s. 1; 2006-228, s. 3; 2008-225, s.
5.)
§ 136-89.188. Use of revenues.
(a) Revenues derived from a Turnpike Project authorized under this Article shall be
used only for the following costs associated with the Project from which the revenue was
derived or a contiguous toll facility:
(1) Authority administration costs.
(2) Development, right-of-way acquisition, design, construction, expansion,
operation, maintenance, reconstruction, rehabilitation, and replacement
costs.
(3) Debt service on the Authority's revenue bonds or related purposes such
as the establishment of debt service reserve funds.
(4) Debt service, debt service reserve funds, and other financing costs related
to any of the following:
a. A financing undertaken by a private entity under a partnership
agreement with the entity for the Project.
b. Private activity bonds issued under law related to the Project.
c. Any federal or State loan, line of credit, or loan guarantee relating
to the Project.
(5) A return on investment of any private entity under a partnership
agreement with the entity for the Project.
(6) Any other uses granted to a private entity under a partnership agreement
with the entity for the Project.
(b) The Authority may use up to one hundred percent (100%) of the revenue derived
from a Turnpike Project for debt service on the Authority's revenue bonds or for a
combination of debt service and operation and maintenance expenses of the Project.
NC General Statutes - Chapter 136 Article 6H 8
(c) The Authority shall use not more than five percent (5%) of total revenue derived
from all Turnpike Projects for Authority administration costs.
(d) Repealed by Session Laws 2018-5, s. 34.5(a), effective June 12, 2018.
(2002-133, s. 1; 2006-228, s. 4; 2013-183, s. 5.4; 2018-5, s. 34.5(a).)
§ 136-89.189. Turnpike Authority revenue bonds.
The Authority shall be a municipality for purposes of Article 5 of Chapter 159 of the
General Statutes, the State and Local Government Revenue Bond Act, and may issue
revenue bonds pursuant to that Act to pay all or a portion of the cost of a Turnpike Project
or to refund any previously issued bonds. In connection with the issuance of revenue bonds,
the Authority shall have all powers of a municipality under the State and Local Government
Revenue Bond Act, and revenue bonds issued by the Authority shall be entitled to the
protection of all provisions of the State and Local Government Revenue Bond Act.
Except as provided in this section, the provisions of Chapter 159 of the General
Statutes, the Local Government Finance Act, apply to revenue bonds issued by the
Turnpike Authority.
(1) The term of a lease between the Turnpike Authority and the Department
executed prior to July 27, 2009, for all or any part of a Turnpike Project
may exceed 40 years, as agreed by the Authority and the Department.
(2) The maturity date of a refunding bond may extend to the earlier of the
following:
a. Forty years from the date of issuance of the refunding bond.
b. The date the Turnpike Authority determines is the maturity date
required for the Turnpike Project funded with the refunding bonds
to generate sufficient revenues to retire the refunding bonds and
any other outstanding indebtedness issued for that Project. The
Authority's determination of the appropriate maturity date is
conclusive and binding. In making its determination, the Authority
may take into account appropriate financing terms and
conventions. (2002-133, s. 1; 2009-56, s. 2; 2010-165, s. 10.)
§ 136-89.190. Sale of Turnpike Authority revenue bonds.
Revenue bonds of the Authority issued pursuant to G.S. 136-89.189 and the State and Local
Government Revenue Bond Act shall be sold in accordance with and pursuant to Article 7 of
Chapter 159 of the General Statutes. (2002-133, s. 1.)
§ 136-89.191. Cost participation by Department of Transportation.
The Department of Transportation may participate in the cost of preconstruction activities,
construction, maintenance, or operation of a Turnpike Project. (2002-133, s. 1.)
§ 136-89.192. Applicability of formula.
NC General Statutes - Chapter 136 Article 6H 9
Only those funds applied to a Turnpike Project from the State Highway Fund, State
Highway Trust Fund, or federal-aid funds that might otherwise be used for other roadway
projects within the State, and are otherwise already subject to the formula under G.S.
136-189.11 shall be included in the formula.
Other revenue from the sale of the Authority's bonds or notes, project loans, or toll
collections shall not be included in the formula. (2002-133, s. 1; 2013-183, s. 4.6.)
§ 136-89.193. Annual plan of work; annual and quarterly reports.
(a) Annual Plan of Work. – The Authority shall annually develop a plan of work for
the fiscal year, describing the activities and projects to be undertaken, accompanied by a
budget. This annual plan of work shall be subject to the concurrence of the Board of
Transportation.
(b) Annual Reports. – The Authority shall, promptly following the close of each
fiscal year, submit an annual report of its activities for the preceding fiscal year and an
annual audit of its books and accounts for the preceding fiscal year to the Governor, the
General Assembly, and the Department of Transportation. The report and audit shall be
submitted no later than October 31 of the fiscal year in which the report and audit are
completed.
The North Carolina Turnpike Authority shall report to the Joint Legislative
Transportation Oversight Committee on January 31, 2017, and in its annual report
thereafter, the number of one-time toll facility users who are charged more than fifty dollars
($50.00) in processing fees imposed under G.S. 136-89.215 and civil penalties assessed
under G.S. 136-89.216.
(c) Repealed by Session Laws 2016-90, s. 4, effective July 11, 2016.
(d) Report Prior to Let of Contracts. – The Authority shall consult with and report
to the Joint Legislative Transportation Oversight Committee and the Joint Legislative
Commission on Governmental Operations prior to the letting of any contract for Turnpike
Project construction authorized under G.S. 136-183(a)(2).
(e) Repealed by Session Laws 2011-145, s. 28.35(a), effective July 1, 2011.
(2002-133, s. 1; 2011-145, s. 28.35(a); 2014-58, s. 3; 2016-90, ss. 3.1, 4.)
§ 136-89.194. Laws applicable to the Authority; exceptions.
(a) Motor Vehicle Laws. – The Turnpike System shall be considered a "highway"
as defined in G.S. 20-4.01(13) and a "public vehicular area" as defined in G.S. 20-4.01(32).
All law enforcement and emergency personnel, including the State Highway Patrol and the
Division of Motor Vehicles, shall have the same powers and duties on the Turnpike System
as on any other highway or public vehicular area.
(b) Applicable Contracting. – For the purposes of implementing this Article, the
Authority shall solicit competitive proposals for the construction of Turnpike Projects in
accordance with the provisions of Article 2 of this Chapter. Contracts for professional
engineering services and other kinds of professional or specialized services necessary in
connection with construction of Turnpike Projects shall be solicited in accordance with
NC General Statutes - Chapter 136 Article 6H 10
procedures utilized by the Department of Transportation. Cost estimates prepared for the
purpose of comparing bids for a Turnpike project are confidential and may not be disclosed
until after the opening of bids for the project.
(c) Alternative Contracting Methods. – Notwithstanding the provisions of
subsection (b) of this section, the Authority may authorize the use of alternative contracting
methods if:
(1) The authorization applies to an individual project;
(2) The Authority has concluded, and documented in writing, that the
alternative contracting method is necessary because the project cannot be
completed utilizing the procedures of Article 2 of this Chapter within the
necessary time frame or available funding or for other reasons the
Authority deems in the public interest;
(3) The Authority has provided, to the extent possible, for the solicitation of
competitive proposals prior to awarding a contract; and
(4) The approved alternative contracting method provides for reasonable
compliance with the disadvantaged business participation goals of G.S.
136-28.4.
(d) Entry for Surveys. – The Turnpike Authority and its employees and contractors
shall have the same right of entry for surveys, borings, soundings, or examinations as
granted the Department of Transportation in G.S. 136-120.
(e) Plans and Contract Documents. – The requirements for registering right-of-way
plans set in G.S. 136-19.4 apply to right-of-way plans of the Turnpike Authority. In
applying G.S. 136-19.4 to the Authority, references to the "Department" are considered
references to the "Turnpike Authority" and references to the "Board" are considered
references to the "Authority Board."
Diaries and analyses for contracts of the Turnpike Authority are subject to the same
restrictions on disclosure that apply to diaries and analyses for contracts of the Department
under G.S. 136-28.5.
(f) Construction Claims. – G.S. 136-29 applies to the adjustment and resolution of
Turnpike project construction claims. In applying G.S. 136-29 to the Turnpike Authority,
references to the "Department of Transportation," the "Chief Engineer," and a "State
highway" are considered references to the "Turnpike Authority," the "chief engineer of the
Turnpike Authority," and a "Turnpike project."
(g) Contract Exemptions. – The following provisions concerning the purchase of
goods and services by a State agency do not apply to the Turnpike Authority:
(1) Article 3 of Chapter 143 of the General Statutes. The Authority may use
the services of the Department of Administration in procuring goods and
services that are not specific to establishing and operating a toll revenue
system. However, the Authority shall: (i) submit all proposed contracts
for supplies, materials, printing, equipment, and contractual services that
exceed one million dollars ($1,000,000) authorized by this subdivision to
the Attorney General or the Attorney General's designee for review as
provided in G.S. 114-8.3; and, (ii) include in all proposed contracts to be
NC General Statutes - Chapter 136 Article 6H 11
awarded by the Authority under this subdivision a standard clause which
provides that the State Auditor and internal auditors of the Authority may
audit the records of the contractor during and after the term of the contract
to verify accounts and data affecting fees and performance. The Authority
shall not award a cost plus percentage of cost agreement or contract for
any purpose.
(2) Article 14 of Chapter 143B of the General Statutes. The Authority may
use the services of the Department of Information Technology in
procuring goods and services that are not specific to establishing and
operating a toll revenue system. However, all contract information for
contracts for information technology are subject to disclosure in
accordance with Article 14 of Chapter 143B of the General Statutes.
(h) APA. – Chapter 150B of the General Statutes does not apply to the Turnpike
Authority, except as provided in this section and G.S. 136-89.218. (2002-133, s. 1;
2006-228, s. 6; 2008-225, s. 6; 2010-194, s. 20.1; 2011-326, s. 15(u); 2012-85, s. 8;
2015-241, s. 7A.4(m).)
§ 136-89.195. Internet report of funds expended.
The Department shall publish and update annually on its Internet web site a record of all
expenditures of the Authority for highway construction, maintenance, and administration. The
record shall include a total expenditure amount by county. For each Turnpike Project, the record
shall include a readily identifiable project name or location, the nature of the project, the amount
of the project, the contractor for the project, the date of project letting, and the actual or expected
project completion date. (2002-133, s. 1.)
§ 136-89.196. Removal of tolls.
The Authority shall, upon fulfillment of and subject to any restrictions included in the
agreements entered into by the Authority in connection with the issuance of the Authority's
revenue bonds, remove tolls from a Turnpike Project. (2002-133, s. 1.)
§ 136-89.197. Maintenance of nontoll routes.
The Department shall maintain an existing, alternate, comparable nontoll route corresponding
to each Turnpike Project constructed pursuant to this Article. (2002-133, s. 1.)
§ 136-89.198. Authority to toll existing interstate highways.
(a) General. – Notwithstanding any other provision of this Article, the Authority may
collect tolls on any existing interstate highway for which the United States Department of
Transportation has granted permission by permit, or any other lawful means, to do so. The revenue
generated from the collected tolls shall be used by the Authority to repair and maintain the
interstate on which the tolls were collected. These revenues shall not be used to repair, maintain,
or upgrade any State primary or secondary road adjacent to or connected with the interstate
highways.
NC General Statutes - Chapter 136 Article 6H 12
(b) Method. – The Authority shall establish toll locations on the permitted interstate
highway in accordance with federal guidelines. Toll locations shall be erected at or near the borders
of the State and at such other locations that are not impracticable, unfeasible, or that would result
in an unsafe or hazardous condition.
(c) Severability. – If any provision of this section or its application is held invalid, the
invalidity does not affect other provisions or applications of this section that can be given effect
without the invalid provisions or application, and to this end the provisions of this section are
severable. (2005-276, s. 28.21(b).)
§ 136-89.199. Designation of high-occupancy toll and managed lanes.
(a) Authority. – Notwithstanding any other provision of this Article, the Authority
may designate one or more lanes of any highway, or portion thereof, within the State,
including lanes that may previously have been designated as HOV lanes under
G.S. 20-146.2, as high-occupancy toll (HOT) or other type of managed lanes; provided,
however, that such designation shall not reduce the number of existing non-toll general
purpose lanes. In making such designations, the Authority shall specify the high-occupancy
requirement or other conditions for use of such lanes, which may include restricting vehicle
types, access controls, or the payment of tolls for vehicles that do not meet the
high-occupancy requirements or conditions for use.
(b) Reporting. – At least 90 days prior to the letting of a contract for the designation
of a HOT lane or other type of managed lane under subsection (a) of this section, the
Authority shall submit a report to the Joint Legislative Transportation Oversight
Committee detailing (i) the reasoning for the designation of the HOT lane or other type of
managed lane and (ii) the terms of the contract that will be let. The reporting requirement
in this subsection does not apply to any project proposed by the Authority that is subject to
the reporting requirement set forth in G.S. 136-89.183(a)(2). (2013-183, s. 5.5; 2013-410,
s. 38(e); 2018-5, s. 34.5(b).)
§ 136-89.200: Reserved for future codification purposes.
§ 136-89.201: Reserved for future codification purposes.
§ 136-89.202: Reserved for future codification purposes.
§ 136-89.203: Reserved for future codification purposes.
§ 136-89.204: Reserved for future codification purposes.
NC General Statutes - Chapter 136 Article 6H 13
§ 136-89.205: Reserved for future codification purposes.
§ 136-89.206: Reserved for future codification purposes.
§ 136-89.207: Reserved for future codification purposes.
§ 136-89.208: Reserved for future codification purposes.
§ 136-89.209: Reserved for future codification purposes.
Part 2. Collection of Tolls on Turnpike Projects.
§ 136-89.210. Definitions.
The definitions in G.S. 136-89.181 and the following definitions apply in this Article:
(1) Reserved.
(2) Open road toll. – A toll payable under an open road tolling system.
(3) Open road tolling system. – A system of collecting a toll for the use of a
highway that does not provide a way to pay the toll in cash while traveling
on the highway. (2008-225, s. 2; 2013-410, s. 12.)
§ 136-89.211. Tolls for use of Turnpike project.
In exercising its authority under G.S. 136-89.183 to set tolls for the use of a Turnpike
project, the Authority may not do any of the following:
(1) Set open road tolls that vary for the same class of motor vehicle
depending on the method by which the Authority identifies a motor
vehicle that drives on the Turnpike project. This does not preclude the
Authority from allowing a discount for a motor vehicle equipped with an
electronic toll collection transponder or a motor vehicle that has prepaid
its toll.
(2) Exempt a motor vehicle that is not a law enforcement vehicle, an
emergency fire or rescue vehicle, or an emergency medical services
vehicle from the requirement of paying a toll for the use of a Turnpike
project. (2008-225, s. 2; 2010-133, s. 2.)
§ 136-89.212. Payment of toll required for use of Turnpike project.
(a) A motor vehicle that is driven on a Turnpike project is subject to a toll imposed
by the Authority for the use of the project. If the toll is an open road toll, the person who
is the registered owner of the motor vehicle is liable for payment of the toll unless the
NC General Statutes - Chapter 136 Article 6H 14
registered owner establishes that the motor vehicle was in the care, custody, and control of
another person when it was driven on the Turnpike project.
(b) A person establishes that a motor vehicle was in the care, custody, and control
of another person when it was driven on a Turnpike project by submitting to the Authority
a sworn affidavit stating one of the following:
(1) The name and address of the person who had the care, custody, and
control of the motor vehicle when it was driven. If the motor vehicle was
leased or rented under a long-term lease or rental, as defined in G.S.
105-187.1, the affidavit must be supported by a copy of the lease or rental
agreement or other written evidence of the agreement.
(2) The motor vehicle was stolen. The affidavit must be supported by an
insurance or police report concerning the theft or other written evidence
of the theft.
(3) The person transferred the motor vehicle to another person by sale or
otherwise before it was driven on the Turnpike project. The affidavit must
be supported by insurance information, a copy of the certificate of title,
or other evidence of the transfer.
(c) If a person establishes that a motor vehicle was in the care, custody, and control
of another person under subsection (b) of this section, the other person shall be liable for
the payment of the toll, and the Authority may send a bill to collect and enforce the toll in
accordance with this Article; provided, however, that such other person may contest such
toll in accordance with this Article. (2008-225, s. 2; 2013-183, s. 5.6.)
§ 136-89.213. Administration of tolls and requirements for open road tolls.
(a) Administration. – The Authority is responsible for collecting tolls on Turnpike
projects. In exercising its authority under G.S. 136-89.183 to perform or procure services
required by the Authority, the Authority may contract with one or more providers to
perform part or all of the collection functions and may enter into agreements to exchange
information, including confidential information under subsection (a1) of this section, that
identifies motor vehicles and their owners with one or more of the following entities: the
Division of Motor Vehicles of the Department of Transportation, another state, another toll
operator, a toll collection-related organization, or a private entity that has entered into a
partnership agreement with the Authority pursuant to G.S. 136-89.183(a)(17). Further, the
Authority may assign its authority to fix, revise, charge, retain, enforce, and collect tolls
and fees under this Article to a private entity that has entered into a partnership agreement
with the Authority pursuant to G.S. 136-89.183(a)(17).
(a1) Identifying information obtained by the Authority through an agreement is not a
public record and is subject to the disclosure limitations in 18 U.S.C. § 2721, the federal
Driver's Privacy Protection Act. The Authority shall maintain the confidentiality of all
information required to be kept confidential under 18 U.S.C. § 2721(a), as well as any
financial information, transaction history, and information related to the collection of a toll
or user fee from a person, including, but not limited to, photographs or other recorded
NC General Statutes - Chapter 136 Article 6H 15
images or automatic vehicle identification or driver account information generated by
radio-frequency identification or other electronic means. Notwithstanding the provisions
of this section:
(1) The account holder may examine his own account information, and the
Authority may use the account information only for purposes of
collecting and enforcing tolls.
(2) A party, by authority of a proper court order, may inspect and examine
confidential account information.
(b) Open Road Tolls. – If a Turnpike project uses an open road tolling system, the
Authority must operate a facility that is in the immediate vicinity of the Turnpike project
or provide an alternate means to accept cash payment of the toll and must place signs on
the Turnpike project that give drivers the following information:
(1) Notice that the driver is approaching a highway for which a toll is
required. Signs providing this information must be placed before the toll
is incurred.
(2) The methods by which the toll may be paid.
(3) If applicable, directions to the nearby facility that accepts cash payment
of the toll. (2008-225, s. 2; 2012-78, s. 12; 2013-183, s. 5.6.)
§ 136-89.214. Bill for unpaid open road toll.
(a) Bill. – If a motor vehicle travels on a Turnpike project that uses an open road
tolling system and a toll for traveling on the project is not paid prior to travel or at the time
of travel, the Authority must send a bill by first-class mail to the registered owner of the
motor vehicle or the person who had care, custody, and control of the vehicle as established
under G.S. 136-89.212(b) for the amount of the unpaid toll; provided, however, that with
the written consent of the registered owner of the motor vehicle or the person who had care,
custody, and control of the vehicle as set forth above, the Authority may send the bill via
electronic mail to a designated electronic mail account rather than by first-class mail. The
Authority must send the bill within 90 days after the travel occurs, or within 90 days of
receipt of a sworn affidavit submitted under G.S. 136-89.212(b) identifying the person who
had care, custody, and control of the motor vehicle. If a bill is not sent within the required
time, the Authority waives collection of the toll. The Authority must establish a billing
period for unpaid open road tolls that is no shorter than 15 days. A bill for a billing period
must include all unpaid tolls incurred by the same person during the billing period.
(b) Information on Bill. – A bill sent under this section must include all of the
following information:
(1) The name and address of the registered owner of the motor vehicle that
traveled on the Turnpike project or of the person identified under
G.S. 136-89.212(b).
(2) The date the travel occurred, the approximate time the travel occurred,
and each segment of the Turnpike project on which the travel occurred.
NC General Statutes - Chapter 136 Article 6H 16
(3) An image of the registration plate of the motor vehicle, if the Authority
captured an electronic image of the motor vehicle when it traveled on the
Turnpike project.
(4) The amount of the toll due and an explanation of how payment may be
made.
(5) The date by which the toll must be paid to avoid the imposition of a
processing fee under G.S. 136-89.215 and the amount of the processing
fee.
(6) A statement that a vehicle owner who has unpaid tolls is subject to a civil
penalty and may not renew the vehicle's registration until the tolls and
civil penalties are paid.
(7) A clear and concise explanation of how to contest liability for the toll.
(8) If applicable, a copy of the affidavit submitted under G.S. 136-89.212(b)
identifying the person with care, custody, and control of the motor
vehicle. (2008-225, s. 2; 2010-133, s. 3; 2013-183, s. 5.6; 2016-90, s. 3.)
§ 136-89.215. Required action upon receiving bill for open road toll and processing
fee for unpaid toll.
(a) Action Required. – A person who receives a bill from the Authority for an unpaid
open road toll must take one of the following actions within 30 days of the date of the bill:
(1) Pay the bill.
(2) Send a written request to the Authority for a review of the toll.
(b) Fee. – If a person does not take one of the actions required under subsection (a)
of this section within the required time, the Authority may add a processing fee to the
amount the person owes. The processing fee may not exceed six dollars ($6.00). A person
may not be charged more than forty-eight dollars ($48.00) in processing fees in a 12-month
period.
The Authority must set the processing fee at an amount that does not exceed the costs
of collecting the unpaid toll. (2008-225, s. 2; 2010-133, s. 4; 2013-183, s. 5.6.)
§ 136-89.216. Civil penalty for failure to pay open road toll.
(a) Penalty. – A person who receives two or more bills for unpaid open road tolls
and who has not paid the amount due on those bills within 30 days is subject to a civil
penalty of twenty-five dollars ($25.00). Only one penalty may be assessed in a six-month
period.
(b) Payment. – The Authority must send a notice by first-class mail to a person who
is assessed a civil penalty under this section. A person who is assessed a civil penalty must
pay the unpaid toll for which the civil penalty was imposed, the amount of any processing
fee due, and the civil penalty within 30 days of the date of the notice.
(c) Penalty Proceeds. – A civil penalty imposed under this section is payable to the
Authority. The clear proceeds of a civil penalty imposed under this section must be credited
to the Civil Penalty and Forfeiture Fund established in G.S. 115C-457.1. The guidelines
NC General Statutes - Chapter 136 Article 6H 17
used by the Office of State Budget and Management to determine an agency's actual costs
of collecting a civil penalty and the clear proceeds of the civil penalty apply to the
determination of the clear proceeds of a civil penalty imposed under this section.
(2008-225, s. 2; 2010-133, s. 5.)
§ 136-89.217. Vehicle registration renewal blocked for unpaid open road toll.
(a) Registration Block. – Failure of a person to pay an open road toll billed to the
person under G.S. 136-89.214, any processing fee added under G.S. 136-89.215, and any
civil penalty imposed under G.S. 136-89.216, as well as any toll, processing fee, or civil
penalty owed to another tolling jurisdiction with which the Authority has a valid reciprocal
toll enforcement agreement under G.S. 136-89.220, is grounds under G.S. 20-54 to
withhold the registration renewal of a motor vehicle registered in that person's name. The
Authority must notify the Commissioner of Motor Vehicles of a person who owes a toll, a
processing fee, or a civil penalty. When notified, the Commissioner of Motor Vehicles
must withhold the registration renewal of any motor vehicle registered in that person's
name.
(b) Repealed by S.L. 2010-133, s. 6, effective December 1, 2010. (2008-225, s. 2;
2010-133, s. 6; 2012-85, s. 10.)
§ 136-89.218. Procedures for contesting liability for unpaid open road toll.
(a) Informal Review. – A person who receives a bill for an unpaid open road toll
and who disputes liability for the toll may contest the toll by sending to the Authority a
request for review of the toll. The person may include a sworn affidavit described in G.S.
136-89.212 that establishes that someone else had the care, custody, and control of the
motor vehicle subject to the toll when the toll was incurred. The person must send the
request for review to the Authority within 30 days of the date of the bill sent by the
Authority. A person who does not send a request for review to the Authority within this
time limit waives the right to a review. If a person sends a timely request for review to the
Authority, the Authority may not collect the disputed toll and any processing fee added to
the bill for the toll until the conclusion of the review process in this section.
(b) Administrative Hearing. – If the Authority conducts an informal review under
subsection (a) of this section and determines that the person who requested the review is
liable for the toll, the Authority must send the person a notice informing the person of the
Authority's determination. The person may contest this determination by filing a petition
for a contested case hearing at the Office of Administrative Hearings in accordance with
Article 3 of Chapter 150B of the General Statutes.
(c) Judicial Review. – Article 4 of Chapter 150B of the General Statutes governs
judicial review of a final decision made in a contested case authorized under subsection (b)
of this section. (2008-225, s. 2; 2010-133, s. 7.)
§ 136-89.219: Reserved for future codification purposes.
NC General Statutes - Chapter 136 Article 6H 18
§ 136-89.220. Reciprocal toll enforcement agreements.
The Authority may enter into reciprocal agreement with other tolling jurisdictions to
enforce toll violations. Such an agreement shall provide that, when another toll agency
certifies that the registered owner of a vehicle registered in this State has failed to pay a
toll, processing fee, or civil penalty due to that toll agency, the unpaid toll, processing fee,
or civil penalty may be enforced by the Authority placing a renewal block as if it were an
unpaid toll, processing fee, or civil penalty owed to this State under G.S. 136-89.217. Such
agreement shall only be enforceable, however, if all of the following are true:
(1) The other toll agency has its own effective reciprocal procedure for toll
violation enforcement and does, in fact, reciprocate in enforcing toll
violations within this State by withholding the registration renewal of
registered owners of motor vehicles from the state of the other toll
agency.
(2) The other toll agency provides due process and appeal protections to
avoid the likelihood that a false, mistaken, or unjustified claim will be
pursued against the owner of a vehicle registered in this State.
(3) The owner of a vehicle registered in this State may present evidence to
the other toll agency by mail or other means to invoke rights of due
process without having to appear personally in the jurisdiction where the
violation allegedly occurred.
(4) The reciprocal violation enforcement arrangement between the Authority
and the other toll agency provides that each party shall charge the other
for costs associated with registration holds in their respective
jurisdictions. (2012-85, s. 11.)